swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being published to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Natural Justice - From: 1930 To: 1959
This page lists 8 cases, and was prepared on 29 October 2014.
Marriott -v- Minister of Health; 1936 -  LJKB 105
Marriott -v- Minister of Health; CA 1937 -  1 KB 128
Cooper -v- Wilson  KB 309
Natural Justice, Police
Police officers can be removed from office only by a valid exercise of the statutory power of dismissal.
Craig -v- Kanssen; CA 1943 -  1 KB 256;  1 All ER 108
Yuill -v- Yuill; CA 1944 -  P 15;  All ER 183
Lee -v- Showmen's Guild of Great Britain  2 QB 329;  1 All ER 1175
Denning LJ, Somervell LJ, Romer LJ
Natural Justice, Company, Contract
Decisions of inferior tribunals, including arbitrators, were reviewable on the basis of general error of law on record for which certiorari might issue. A decision may be reviewable where there was no evidence supporting particular conclusions.
Denning LJ said: "The jurisdiction of a domestic tribunal, such as the committee of the Showmen's Guild, must be founded on a contract, express or implied. Outside the regular courts of this country, no set of men can sit in judgment on their fellows except so far as Parliament authorises it or the parties agree to it." and
"I see no reason why the powers of the court to intervene should be any less in the case of domestic tribunals. In each case it is a question of interpretation. In one of a statute, in the other of the rules, to see whether the Tribunal has observed the law. In the case of statutory tribunals, the injured party has a remedy by certiorari, and also a remedy by declaration and injunction. The remedy by certiorari does not lie to a domestic tribunal but the remedy by declaration and injunction does lie; and it can be as effective as, if not more effective than certiorari. It is, indeed, more effective, because it is not subject to the limitation that the error must appear on the face of the record." and
"The committee cannot extend their jurisdiction by giving a wrong construction to the contract, . . no matter how honest they may be. They have only such jurisdiction as the contract on its true interpretation confers on them, not what they think it confers. The scope of their jurisdiction is a matter of the courts." and
People have a right, unless expressly or impliedly debarred, to insist for free access to the courts of general jurisdiction of the state: "If parties should seek, by agreement, to take the law out of the hands of the courts and put it into the hands of a private tribunal, without any recourse at all to the courts in case of error of law, then the agreement is to that extent contrary to public policy and void."
Romer LJ said: "The proper tribunals for the determination of legal disputes in this country are the courts, and they are the only tribunals which, by training and experience, and assisted by properly qualified advocates, are fitted for the task"
Regina -v- Camborne Justices ex parte Pearce; QBD 1954 -  2 All ER 850;  1 QB 41
Byrne -v- Kinematograph Renters Society Ltd; 1958 -  1 WLR 762
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